Supreme Court Justice Clarence Thomas listened to arguments about a case that involves racial discrimination on Wednesday. And then he did something surprising: He spoke — for the first time in three years and only the second time in a decade.
Thomas, a conservative judge, is reportedly known for his silence on the stand, but, per Reuters, he asked several questions amid arguments in the case of Curtis Flowers, a 48-year-old black man from Mississippi who has been tried for the same quadruple murder six separate times. He is an inmate on death row. Flowers' case was the focus of the American Public Media podcast, In the Dark.
Flowers and his attorney, Sheri Lynn Johnson, are arguing that Flowers' right to a fair trial was violated multiple times because the prosecutor in his case "had relentlessly worked to keep black jurors from sitting on" Flowers' trials. Both sides in a trial are, in fact, permitted to strike a limited number of potential jurors and they are not required to submit a reason behind the decision, but a juror's race cannot be a factor.
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Reuters reports it seems likely the Supreme Court will side with Flowers, including conservative Justices Brett Kavanaugh and Samuel Alito. But Thomas, who is black, sounded skeptical and was focused on whether Flowers' defense team had likewise sought to exclude white jurors in Flowers' most recent trial.
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